Gordon v. Lance, 403 U.S. 1 (1971)

Gordon v. Lance


No. 96


Argued January 18, 1971
Decided June 7, 1971
403 U.S. 1

CERTIORARI TO THE SUPREME COURT OF APPEALS
OF WEST VIRGINIA

Syllabus

West Virginia’s constitutional and statutory requirement that political subdivisions may not incur bonded indebtedness or increase tax rates beyond those established by the State Constitution without the approval of 60% of the voters in a referendum election does not discriminate against or authorize discrimination against any identifiable class, and does not violate the Equal Protection Clause or any other provision of the United States Constitution. Gray v. Sanders, 372 U.S. 368, and Cipriano v. City of Houma, 395 U.S. 701, distinguished. Pp. 4-8.

153 W.Va. 559, 170 S.E.2d 783, reversed. ,

BURGER, C.J., delivered the opinion of the Court, in which BLACK, DOUGLAS, STEWART, WHITE, and BLACKMUN, JJ., joined. HARLAN, J., filed a statement concurring in the result, post, p. 8. BRENNAN and MARSHALL JJ., filed a dissenting statement, post, p. 8.